However, she said that if the patent office "did not have all the material facts before it," its decision to award a patent "may lose significant force," and it could be easier to persuade a jury of a patent's invalidity by clear and convincing evidence.

After we granted certiorari to review the statutory and constitutional validity of the regulations, the Government declined even to defend them, and instead rescinded some and conceded the invalidity of those that remained, leading us to vacate the opinions below and remand for consideration of mootness.